Kellogg v. Howell
New York Supreme Court
THIS action was brought to foreclose a mortgage held by the plaintiff' executed by the defendant Howell, upon which a decree of foreclosure was entered, and sale advertised by the sheriff of Lewis county, as referee, to take place on the 20th of January, 1872, “ at Howell’s Hotel,. in the village of Lowville, at 10 o’clock A. m.”
Read the full summary
THIS action was brought to foreclose a mortgage held by the plaintiff' executed by the defendant Howell, upon which a decree of foreclosure was entered, and sale advertised by the sheriff of Lewis county, as referee, to take place on the 20th of January, 1872, “ at Howell’s Hotel,. in the village of Lowville, at 10 o’clock A. m.” On that day, as claimed by the plaintiff, the premises were sold by the sheriff', as referee, at public auction, and were struck off to the plaintiff for .§2701.64; he being the highest bidder. On the 23d of August, 1871, the defendant Howell was adjudged a bankrupt,…
1Opinion of the CourtHardin, J.
When this motion was opened, several preliminary objections were' made, to wit:
1. That the notice of motion did not specify any irregularity complained of.
2. That the moving party had no title to the premises.
3. That the grant from Easton, to the moving party was void.
4. That the moving party, by furnishing the money to Easton, and by taking a deed from him, derived no right or equity, authorizing him to make this motion¡
5. That Easton had no cause of action, or right, to assign.
6. That Easton did not propose to assign his right to make this motion, but merely conveyed his interest in the…
2Cases cited12 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Requa v. ReaNew York Court of Chancery · 1831
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wesson v. ChapmanNew York Supreme Court · 1894
- W. M. W. N.W. Ry. Co. v. GrangerTexas Supreme Court · 1893
- Goodell v. . HarringtonNew York Court of Appeals · 1879
- Housman v. WrightAppellate Division of the Supreme Court of the State of New York · 1900
- Goldberg v. Feltman's of Coney Island, Inc.New York Supreme Court · 1954
12 more not listed; retrieve them via the Exa API.